Access to medical data after death: What does Order 949/2026 bring?
Through the Order amending Article 11 of the Norms for the application of Law on Patient Rights no. 46/2003, approved by the order of the Minister of Health no. 1,410/2016, published in Official Gazette no. 283 of April 8, 2026, clear rules are introduced regarding heirs’ access to confidential medical information of deceased patients.
What does it stipulate?
The order establishes a unitary and mandatory procedure for all medical service providers in situations where the heirs of a deceased patient request access to their medical data. The amendment clarifies that if the patient died without being able to express their consent for data disclosure, confidential medical information can be provided exclusively upon presentation of the certificate of heir quality.
This rule eliminates any ambiguity and standardizes practice at the national level. Previously, medical service providers faced legal uncertainty in deciding to whom and under what conditions they could release this data (e.g., the surviving spouse, children, etc.). Now, the only document that legitimizes the applicant is the certificate of heir, which legally attests to their quality.
The scope of information covered is very broad and includes all confidential data from medical documents. These include information from the observation sheet, consultation record, investigation results, diagnosis, prognosis, applied treatment, and any other personal data of the patient held by the medical service provider.
To whom does it apply?
The obligation applies to all medical service providers, regardless of their organizational form (public or private). Directly targeted categories include:
- Public and private hospitals;
- Clinics and polyclinics;
- Individual medical practices, regardless of specialty;
- Medical analysis laboratories and imaging centers;
- Any other entity that provides medical services and, consequently, holds and processes patient medical data.
What should you do?
- Update the internal procedure: Review or develop a specific working procedure for managing requests for access to deceased patients’ data, which conditions the release of any information on the presentation of the certificate of heir quality.
- Train relevant staff: Ensure that reception, archive, medical registry, and legal department staff know and apply the new rule, to prevent non-compliant data disclosure and avoid potential litigation.
- Review consent forms: Check if the informed consent forms and privacy policies used within the unit correctly reflect this new condition regarding post-mortem access to medical data.
Source: Official Gazette, Part I, no. 283 of April 8, 2026.
Note: This material is strictly for informational purposes and does not constitute legal, tax, or business advice. As the interpretation and application of legal provisions may vary significantly depending on the specific circumstances of each entity, we recommend seeking specialized legal assistance before making any operational decisions based on these changes.